A. Complaint may be made by any interested party setting forth any act or omission by a provider of telecommunications services alleged to be in violation of any provision of the New Mexico Telecommunications Act or any order or rule of the commission issued pursuant to that act.
B. Upon filing of the complaint, the commission shall set the time and place of hearing, if a hearing is required, and at least ten days' notice of the hearing shall be given to the party complained of. Service of notice of the hearing shall be made in any manner giving actual notice.
C. All matters upon which complaint may be founded may be joined in one hearing and a complaint is not defective for misjoinder or nonjoinder of parties or causes, either before the commission or on review by the courts. The persons the commission allows to intervene shall be joined and heard, along with the complainant and the party complained of.
D. The burden shall be on the party complaining to show a violation of a provision of the New Mexico Telecommunications Act or an order or rule of the commission issued pursuant to that act.
E. After conclusion of the hearing, the commission shall make and file an order containing its findings of fact and decision. A copy of the order shall be served upon the party complained of or that party's attorney.
F. Conduct of the hearings and rendering of decisions shall be governed by the rules of practice and procedure promulgated by the commission.
History: Laws 1985, ch. 242, § 11; 2017, ch. 71, § 6.
The 2017 amendment, effective June 16, 2017, clarified that a hearing on a complaint alleging a violation by a provider of telecommunications services shall be set by the public regulation commission only if a hearing is required, and made technical changes; in Subsection B, after "place of hearing,", added "if a hearing is required", and after "ten days' notice", deleted "thereof" and added "of the hearing"; in Subsection E, after "complaint of or", deleted "his" and added "that party's"; and in Subsection F, after "procedure", deleted "heretofore or hereafter".
Structure New Mexico Statutes
Chapter 63 - Railroads and Communications
Article 9A - Telecommunications Services
Section 63-9A-1 - Short title.
Section 63-9A-3 - Definitions.
Section 63-9A-4 - Exemption for private service.
Section 63-9A-5 - Regulation by commission.
Section 63-9A-6 - Certificate required.
Section 63-9A-6.2 - Carrier of last resort.
Section 63-9A-7 - Manner of regulation.
Section 63-9A-8 - Regulation of rates and charges; effective competition.
Section 63-9A-8.1 - Change in rates.
Section 63-9A-8.3 - Telephone service; seriously ill individuals.
Section 63-9A-9 - Regulation of individual contracts to facilitate competition.
Section 63-9A-10 - Examination of books and records.
Section 63-9A-11 - Complaint alleging violation by provider of telecommunications services.
Section 63-9A-12 - Validity of orders; substantial compliance with act sufficient.
Section 63-9A-14 - Appeal of orders of the commission.
Section 63-9A-16 - Appeal on the record.